New York Public Authorities Law 2013

For tests conducted in a 38 facility under the correction law, individual consent for HIV related 39 testing must be in writing. A person authorized pursuant to law to order the performance of an 8 HIV related test shall provide directly or through a representative to 9 the person seeking such test , an opportunity to remain anonymous [ and to 10 provide written, informed consent or authorize documentation of oral 11 informed consent, ] through use of a coded system with no linking of 12 individual identity to the test request or results.

A health care 13 provider who is not authorized by the commissioner to provide HIV 14 related tests on an anonymous basis shall refer a person who requests an 15 anonymous test to a test site which does provide anonymous testing. The 16 provisions of this subdivision shall not apply to a health care provider 17 ordering the performance of an HIV related test on an individual 18 proposed for insurance coverage. Section of the public health law, as amended by chapter 20 of the laws of , is amended to read as follows: All reports or information secured by the 22 department, municipal health commissioner or district health officer 23 under the provisions of this title shall be confidential except: Subdivision 1 of section of the public health law, as 38 amended by chapter of the laws of , paragraph e as amended by 39 chapter of the laws of , and paragraph h as amended by chapter 40 of the laws of , is amended to read as follows: Such 7 data shall only be provided to researchers engaged in human health 8 related research.

The request made by such researchers shall include a 9 copy of the research proposal or the research protocol approved by their 10 institution and copies of their institution's Institutional Review Board 11 IRB or equivalent review board approval of such proposal or protocol. The board 18 shall establish guidelines to restrict the dissemination by researchers 19 of the name, address or other information that would otherwise identify 20 a commercial applicator or private applicator or any person who receives 21 the services of a commercial applicator; 22 e Solicit, receive, and review applications from public and private 23 agencies and organizations and qualified research institutions for 24 grants from the breast cancer research and education fund, created 25 pursuant to section ninety-seven-yy of the state finance law, to conduct 26 research or educational programs which focus on the causes, prevention, 27 screening, treatment and cure of breast cancer and may include, but are 28 not limited to mapping of breast cancer, and basic, behavioral, clin- 29 ical, demographic, environmental, epidemiologic and psychosocial 30 research.

The board shall make recommendations to the commissioner, and 31 the commissioner shall, in his or her discretion, grant approval of 32 applications for grants from those applications recommended by the 33 board. The board shall consult with the Centers for Disease Control and 34 Prevention, the National Institutes of Health, the Federal Agency For 35 Health Care Policy and Research, the National Academy of Sciences, 36 breast cancer advocacy groups, and other organizations or entities which 37 may be involved in breast cancer research to solicit both information 38 regarding breast cancer research projects that are currently being 39 conducted and recommendations for future research projects.

As used in 40 this section, "qualified research institution" may include academic 41 medical institutions, state or local government agencies, public or 42 private organizations within this state, and any other institution 43 approved by the department, which is conducting a breast cancer research 44 project or educational program. If a board member submits an application 45 for a grant from the breast cancer research and education fund, he or 46 she shall be prohibited from reviewing and making a recommendation on 47 the application; 48 f Consider, based on evolving scientific evidence, whether a corre- 49 lation exists between pesticide use and pesticide exposure.

As part of 50 such consideration the board shall make recommendations as to methodol- 51 ogies which may be utilized to establish such correlation; 52 g After two years of implementation of pesticide reporting pursuant 53 to section of the environmental conservation law, the board 54 shall compare the percentage of agricultural crop production general use 55 pesticides being reported to the total amount of such pesticides being 56 used in this state as estimated by Cornell University, Cornell Cooper- S.

The board 5 shall meet at least [ four ] two times a year and as needed thereafter. At such hearing, the 13 commissioner of the department of environmental conservation or his or 14 her designee shall make a report to the board with respect to the effi- 15 ciency and utility of pesticide reporting established pursuant to 16 sections and of the environmental conservation law. The commissioner shall submit a report on or 22 before January first commencing in nineteen hundred ninety-nine, and 23 biennially thereafter, to the governor, the temporary president of the 24 senate and the speaker of the assembly concerning the operation of the 25 health research science board.

Such report shall include recommendations 26 from the health research science board including, but not limited to, 27 the types of data that would be useful for breast[ , prostate or testicu- 28 lar ] cancer researchers and whether private citizen use of residential 29 pesticides should be added to the reporting requirements.

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The report 30 shall also include a summary of research requests granted or denied. In 31 addition, such report shall include an evaluation by the commissioner, 32 the commissioner of the department of environmental conservation and the 33 health research science board of the basis, efficiency and scientific 34 utility of the information derived from pesticide reporting pursuant to 35 sections and of the environmental conservation law and 36 recommend whether such system should be modified or continued. The 37 report shall include a summary of the comments and recommendations 38 presented by the public at the board's public hearings.

Section yy of the state finance law is amended by adding a 40 new subdivision 2-b to read as follows: On or before the first day of February each year, the commission- 42 er of health shall provide a written report to the temporary president 43 of the senate, speaker of the assembly, chair of the senate finance 44 committee, chair of the assembly ways and means committee, chair of the 45 senate committee on health, and chair of the assembly health committee.

Section a of the public health law, as added by section 73 53 of part D of chapter 60 of the laws of , is amended to read as 54 follows: There is hereby established in the 56 department the [ breast, cervical and ovarian ] cancer detection and S. The advisory council shall: The commissioner shall appoint one member as a chairperson. The 29 members of the council shall receive no compensation for their services, 30 but shall be allowed their actual and necessary expenses incurred in 31 performance of their duties. A majority of the appointed voting membership of the board shall 33 constitute quorum.

The advisory council shall meet at least twice a year, at the 35 request of the department. Section e of the state finance law, as added by chapter of 37 the laws of , subdivision 2 as amended by section 1 of part A of 38 chapter 58 of the laws of , is amended to read as follows: New York [ state ] State prostate and testicular cancer 40 research[ , detection ] and education fund. There is hereby established 41 in the joint custody of the commissioner of taxation and finance and the 42 comptroller, a special fund to be known as the "New York [ state ] State 43 prostate and testicular cancer research[ , detection ] and education 44 fund".

Such fund shall consist of all revenues received pursuant to the 46 provisions of section four hundred four-q of the vehicle and traffic 47 law, as added by chapter five hundred twenty-eight of the laws of nine- 48 teen hundred ninety-nine, and sections two hundred nine-E and six 49 hundred thirty of the tax law, all revenues received pursuant to appro- 50 priations by the legislature, and all moneys appropriated, credited, or 51 transferred thereto from any other fund or source pursuant to law.

For 52 each state fiscal year, there shall be appropriated to the fund by the 53 state, in addition to all other moneys required to be deposited into 54 such fund, an amount equal to the amounts of monies collected and depos- 55 ited into the fund pursuant to section four hundred four-q of the vehi- 56 cle and traffic law, as added by chapter five hundred twenty-eight of S.

Nothing contained 4 herein shall prevent the state from receiving grants, gifts or bequests 5 for the purposes of the fund as defined in this section and depositing 6 them into the fund according to law. Any interest received by the comp- 7 troller on moneys on deposit in such fund shall be retained in and 8 become part of such fund. Such 2 report shall include how monies of the fund were utilized during the 3 preceding calendar year and shall include: Such reports shall be delivered 13 to the governor and the chairs of the senate finance committee and the 14 assembly ways and means committee and shall also be made available to 15 the public.

Such financial statements and reports shall be audited by a 16 nationally recognized accounting firm. Subdivision 2 of section q of the vehicle and traffic law, 21 as added by chapter of the laws of , is amended to read as 22 follows: A distinctive "drive for the cure" license plate issued pursuant to 24 this section shall be issued in the same manner as other number plates 25 upon the payment of the regular registration fee prescribed by section 26 four hundred one of this article, provided, however, that an additional 27 annual service charge of twenty-five dollars shall be charged for such 28 plate.

Twelve dollars and fifty cents from each twenty-five dollars 29 received as annual service charges under this section shall be deposited 30 to the credit of the breast cancer research and education fund estab- 31 lished pursuant to section ninety-seven-yy of the state finance law and 32 shall be used for research and education programs undertaken pursuant to 33 section twenty-four hundred ten of the public health law. Twelve dollars 34 and fifty cents from each twenty-five dollars received as annual service 35 charges under this section shall be deposited to the credit of the New 36 York State prostate and testicular cancer research and education fund 37 established pursuant to section [ ninety-seven-ccc ] ninety-five-e of the 38 state finance law and shall be used for research and education programs 39 undertaken pursuant to section [ ninety-seven-ccc ] ninety-five-e of the 40 state finance law.

Provided, however that one year after the effective 41 date of this section funds in the amount of six thousand dollars, or so 42 much thereof as may be available, shall be allocated to the department 43 to offset costs associated with the production of such license plates. Section E of the tax law, as added by chapter of the 46 laws of , is amended to read as follows: Gift for prostate and testicular cancer research[ , detection ] 48 and education.

Effective for any tax year commencing on or after Janu- 49 ary first, two thousand four, a taxpayer in any taxable year may elect 50 to contribute to the support of the New York [ state ] State prostate and 51 testicular cancer research[ , detection ] and education fund. Such 52 contribution shall be in any whole dollar amount and shall not reduce 53 the amount of the state tax owed by such taxpayer.

The commissioner 54 shall include space on the corporate income tax return to enable a 55 taxpayer to make such contribution. Notwithstanding any other provision 56 of law, all revenues collected pursuant to this section shall be credit- S. Section of the tax law, as added by chapter of the laws 6 of , is amended to read as follows: Gift for prostate and testicular cancer research[ , detection ] 8 and education. Effective for any tax year commencing on or after Janu- 9 ary first, two thousand four, an individual in any taxable year may 10 elect to contribute to the New York [ state ] State prostate and testicu- 11 lar cancer research[ , detection ] and education fund.

Such contribution 12 shall be in any whole dollar amount and shall not reduce the amount of 13 state tax owed by such individual. The commissioner shall include space 14 on the personal income tax return to enable a taxpayer to make such 15 contribution. Notwithstanding any other provision of law all revenues 16 collected pursuant to this section shall be credited to the New York 17 [ state ] State prostate and testicular cancer research[ , detection ] and 18 education fund and used only for those purposes enumerated in section 19 ninety-five-e of the state finance law.

The public health law is amended by adding a new section to 21 read as follows: Capital restructuring financing program. A capital restruc- 23 turing financing program is hereby established under the joint adminis- 24 tration of the commissioner and the president of the dormitory authority 25 of the state of New York for the purpose of enhancing the quality, 26 financial viability and efficiency of New York's health care delivery 27 system by transforming the system into a more rational patient-centered 28 care system that promotes population health and improved well-being for 29 all New Yorkers.

The issuance of any bonds or notes hereunder shall 30 further be subject to the approval of the director of the division of 31 the budget, and any projects funded through the issuance of bonds or 32 notes hereunder shall be approved by the New York state public authori- 33 ties control board, as required under section fifty-one of the public 34 authorities law. For the period April first, two thousand fourteen through March 36 thirty-first, two thousand twenty-one, funds made available for expendi- 37 ture pursuant to this section may be distributed by the commissioner and 38 the president of the authority, in consultation with the commissioners 39 of the office of mental health, office for people with developmental 40 disabilities and office for alcoholism and substance abuse services, as 41 applicable, for: Such 50 capital grant projects include, but are not limited to; closures, merg- 51 ers, restructuring, improvements to infrastructure, development of 52 primary care service capacity, development of telehealth infrastructure, 53 the promotion of integrated delivery systems that strengthen and protect 54 continued access to essential health care services and other transforma- 55 tional projects as determined by the commissioner and the president of 56 the authority.

The commissioner and the president of the authority shall enter 15 into an agreement, subject to approval by the director of the budget and 16 subject to section sixteen hundred eighty-r of the public authorities 17 law, as added by a chapter of the laws of two thousand fourteen, for the 18 purposes of awarding, distributing, and administering the funds made 19 available pursuant to this section.

Applica- 36 tions shall then be subject to review by the panel established pursuant 37 to paragraph b of subdivision twenty of section twenty-eight hundred 38 seven of this article, which shall submit its recommendations to the 39 commissioner for final determination. Determination of awards for funds 40 allocated under paragraph b of subdivision two of this section, shall 41 include, but not be limited to the following criteria: Such reports shall be submitted no later 11 than sixty days after the close of the quarter, and shall conform to the 12 reporting requirements of subdivision twenty of section twenty-eight 13 hundred seven of this article, as applicable.

Subdivision 20 of section of the public health law, as 15 added by section 9 of part Q of chapter 56 of the laws of , is 16 amended to read as follows: Such non-federal 26 share payments shall be deemed voluntary and, further, such payments 27 shall be excluded from computations made pursuant to section one of part 28 C of chapter fifty-eight of the laws of two thousand five, as amended. The commissioner shall, to the maximum 33 degree practicable, and to the extent permitted by the federal Centers 34 for Medicare and Medicaid Services "CMS" , ensure that the DSRIP 35 program is implemented throughout the entire state.

The panel shall be charged 38 with reviewing recommendations for DSRIP funding made by the state's 39 contracted DSRIP assessor and advising the commissioner regarding the 40 results of such review. Such panel shall also review applications under 41 paragraph b of subdivision two of section twenty-eight hundred twen- 42 ty-five of this article.

Panel membership shall be comprised of individ- 43 uals with significant health care system experience. Members may not be 44 elected officials or employed by providers that would benefit from DSRIP 45 funding, and must not have any conflict of interest that would prevent 46 them from providing an impartial review of DSRIP assessor recommenda- 47 tions.

The panel shall consist of members appointed by the commissioner 48 and shall in addition consist of one member appointed by the majority 49 leader of the New York state senate, and one member appointed by the 50 speaker of the New York state assembly. The panel shall carry out the 51 review of DSRIP recommendations in strict accordance with all require- 52 ments set forth in the state's federal Medicaid waiver standard 53 terms and conditions.

The panel shall submit its recommendations to the 54 commissioner for final determination, in accordance with all require- 55 ments set forth in the state's federal Medicaid waiver standard 56 terms and conditions. The commissioner may modify the requirements of S. The reports shall 10 include: The commissioner shall also provide a 31 detailed overview on the department's website of the opportunities for 32 public comment on the DSRIP program. Such 44 waiver shall not exceed the life of the project or such shorter time 45 periods as the authorizing commissioner may determine.

Any regulatory 46 relief granted pursuant to this subdivision shall be described, includ- 47 ing each regulations waived and the project it relates to, in the report 48 provided pursuant to paragraph c of this subdivision. Subdivision 21 of section of the public health law, as 50 added by section 10 of part Q of chapter 56 of the laws of , is 51 amended to read as follows: Such non-federal share payments shall be 5 deemed voluntary and, further, such payments shall be excluded from 6 computations made pursuant to section one of part C of chapter fifty- 7 eight of the laws of two thousand five, as amended.

For periods on and after April first, 18 two thousand fourteen, the commissioner shall provide a report on a 19 quarterly basis to the majority leader of the New York state senate and 20 to the speaker of the New York state assembly with regard to the status 21 of such applications and approved projects. Such reports shall be 22 submitted no later than sixty days after the close of the quarter, and 23 shall include the most current information submitted by applicants to 24 the state.

The reports shall be submitted in conjunction with and as a 25 part of the reports submitted pursuant to paragraph c of subdivision 26 twenty of this section and shall include: Such 9 waiver shall not exceed the life of the project or such shorter time 10 period as the authorizing commissioner any determine. Any regulatory 11 relief granted pursuant to this subdivision shall be described, includ- 12 ing each regulation waived and the project it relates to, in the report 13 provided pursuant to paragraph b of this subdivision.

Section e of the state finance law is amended by adding a new 15 subdivision 2-b to read as follows: Paragraph c of subdivision 1 of section of the public 28 health law, as added by chapter of the laws of , is amended to 29 read as follows: Paragraphs b , c , and d of subdivision 3 and subdivisions 38 3-a, 4, 5, and 6 of section of the public health law, as added by 39 chapter of the laws of , subdivision 3-a as added by chapter 1 40 of the laws of , are amended to read as follows: Any participating [ general hospital ] borrower may apply for 8 restructuring pool funds to the extent such funds are derived from 9 deposits made pursuant to paragraph d of subdivision one of section 10 twenty-eight hundred seven-l of this article, provided, however, that, 11 in reviewing such applications, the commissioner and the authority shall 12 consider the extent to which the applicant hospital has alternative 13 available sources of funds, including, but not limited to, funds avail- 14 able through affiliation agreements with other hospitals or entities.

To the extent funds are available from a participating [ general 16 hospital ] borrower therefor, expenditures from the restructuring pool 17 shall be repaid to the restructuring pool from repayments received by 18 the authority, or the agency where applicable, from a participating 19 [ general hospital ] borrower pursuant to the terms of any financing 20 agreement, mortgage or loan document permitting the recovery from the 21 participating [ general hospital ] borrower of such expenditures.

The 22 authority shall record and account for all such payments, which shall be 23 deposited in the restructuring pool. Loans from the restructuring pool shall be made pursuant to an 25 agreement with the participating [ general hospital ] borrower specifying 26 the terms thereof, including repayment terms. The authority shall record 27 and account for all such repayments, which shall be deposited in the 28 restructuring pool.

The authority shall notify the chair of the senate 29 finance committee, the director of the division of budget, the chair of 30 the assembly ways and means committee, the chair of the senate committee 31 on health, and the chair of the assembly health committee, five days 32 prior to the making of a loan from the restructuring pool. The authority 33 shall also report quarterly to such chairpersons on the transactions in 34 the pool, including but not limited to receipts or deposits to the pool, 35 disbursements or loans made from the pool, investment income, and the 36 balance on hand as of the end of the month for each such quarter.

The commissioner is authorized, with the assistance and cooperation 38 of the authority, to provide a program of technical assistance to 39 participating [ general hospitals ] borrowers.

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Subdivision 2 of section of the elder law, as added by 41 section 5 of part T of chapter 56 of the laws of , is amended to 42 read as follows: Persons eligible for catastrophic coverage under section two 44 hundred forty-eight of this title shall include: After the initial determi- 50 nation of eligibility, each eligible individual must be redetermined 51 eligible at least every twenty-four months; and 52 b any married resident who is at least sixty-five years of age and 53 whose income for the calendar year immediately preceding the effective 54 date of the annual coverage period when combined with the income in the 55 same calendar year of such married person's spouse beginning on or after 56 January first, two thousand one, is more than twenty-six thousand S.

Paragraphs a and b of subdivision 2 of section of the 5 elder law, as added by section 17 of part T of chapter 56 of the laws of 6 , are amended to read as follows: Paragraphs a and b of subdivision 4 of section of the 29 elder law, as added by section 17 of part T of chapter 56 of the laws of 30 , are amended to read as follows: Subdivision 1 of section of the public health law, as added 21 by section 23 of part D of chapter 56 of the laws of , is amended to 22 read as follows: Paragraph b of subdivision a of section of the public 34 health law, as amended by section a of part H of chapter 59 of the 35 laws of , is amended and paragraph c is added to read as follows: Such rules and regu- 16 lations shall include, but not be limited to, requirements for organiza- 17 tions covered by 42 U.

The commissioner 20 shall consider the recommendations of the workgroup. If the commissioner 21 acts in a manner inconsistent with the recommendations of the workgroup, 22 he or she shall provide the reasons therefor. Section of the public health law is amended to add a new 24 subdivision 8 to read as follows: On or before December first, two thousand fourteen, the department 26 shall issue a report to the governor, the temporary president of the 27 senate and the speaker of the assembly regarding grants made pursuant to 28 this section to support health information technology.

The public health law is amended by adding a new section h 30 to read as follows: Community forum on establishment of certain facilities in 32 the county of Bronx. For any proposed free standing clinic, outpa- 33 tient health care facility or ambulatory health care center that: Not less than one hundred eighty days nor more than two hundred 42 seventy days after receipt of a sponsoring hospital's notice pursuant to 43 subdivision one of this section, the commissioner shall hold a public 44 community forum for the purpose of obtaining public and community board 45 input concerning the anticipated impact of the establishment of a free 46 standing clinic, outpatient health care facility or ambulatory health 47 care facility.

Such impact may include and relate to: The commis- 2 sioner shall afford community members, representatives of the local 3 community board, local businesses and consumers a reasonable opportunity 4 to speak about relevant matters at such community forum. Every such 5 forum shall be held upon not less than thirty days notice to the 6 affected community and the local community board.

The commissioner shall, prior to establishing the date, time and 8 location of the public community forum, consult with, and obtain the 9 advice and consent of the appropriate community board, as to establish- 10 ing a convenient date, time and location to conduct the forum for the 11 locally impacted community. Such hearing location shall be within 12 reasonable proximity to the proposed clinic, facility or center, and in 13 suitable facilities that provide adequate room and access to hear public 14 comments presented.

Not later than ninety days after holding a community forum the 16 commissioner shall make available to the public on the department's 17 website the reasons why such facility is, by a preponderance of the 18 evidence, in the best interests of those who live within the local 19 community and within the local service area as it relates to: After due consideration of the comments at the community forum and 30 consultation with the education department, the commissioner shall 31 either approve, modify or deny authorization for the establishment of 32 any such clinic, facility or center.

For claims for payment submitted by early intervention providers 34 to third party payors between the period April 1, until June 30, 35 in accordance with title 2-A of article 25 of the public health 36 law, for which the third party payor has not, on the effective date of 37 this section, made payment of the claim in whole or in part or rendered 38 a determination that it is not obligated to pay the claim, the provider 39 shall be authorized to seek payment of such claim from the municipality, 40 through the fiscal agent under contract with the department of health; 41 provided, however, that the provider shall continue to render any 42 assistance needed, and provide any information and documentation 43 requested by the third party payor to facilitate payment of the claim 44 even if the provider has already received payment from the municipality.

This section shall only apply to claims submitted by 49 approved early intervention providers to third party payors during the 50 period April 1, until June 30, for which no payment or deter- 51 mination has been made, as specified in this section, on April 1, The provisions in subdivision 2 of section of the public 54 health law that prohibit state reimbursement from being paid prior to 55 April first of the year in which the approved costs are paid by the S.

Article D of the public health law is amended by adding a new 4 title 1-A to read as follows: Safe patient handling workgroup. Dissemination of best practices, examples of sample safe 11 patient handling policies and other resources and 12 tools. Safe patient handling committees; programs. The legislature hereby finds and 16 declares that it is in the public interest for health care facilities to 17 implement safe patient handling policies.

There are many benefits that 18 can be derived from safe patient handling programs. Patients benefit 19 through improved quality of care and quality of life by reducing the 20 risk of injury. Caregivers also benefit from the reduced risk of career 21 ending and debilitating injuries leading to increased morale, improved 22 job satisfaction, and longevity in the profession. Health care facili- 23 ties may realize a return on their investment through reduced workers' 24 compensation medical and indemnity costs, reduced lost workdays, and 25 improved recruitment and retention of caregivers.

All of this could lead 26 to fiscal improvement in health care in New York State. For the purposes of this title: The commissioner shall 52 establish a safe patient handling workgroup referred to in this section 53 as the "workgroup" within the department.

The workgroup shall consist 54 of, at the minimum, the commissioner or his or her designee; the commis- 55 sioner of labor or his or her designee; representatives of health care 56 provider organizations; representatives from employee organizations S. Workgroup members shall receive no compensation for their services 7 as members of the workgroup, but shall be reimbursed for actual and 8 necessary expenses incurred in the performance of their duties. The workgroup shall be established no later than January first, two 10 thousand fifteen.

All state departments, commissions, agencies, and public authori- 28 ties shall provide the workgroup with any reasonably requested assist- 29 ance or advice in a timely manner. Dissemination of best practices, examples of sample safe 31 patient handling policies and other resources and tools. The commission- 32 er shall disseminate best practices, examples of sample safe patient 33 handling policies, and other resources and tools to health care facili- 34 ties, taking into consideration the recommendations of the safe patient 35 handling workgroup.

Such best practices, examples of sample safe patient 36 handling policies, and other resources and tools shall be made available 37 to all facilities covered by this title on or before January first, two 38 thousand sixteen. On or before 40 January first, two thousand sixteen, each health care facility shall 41 establish a safe patient handling committee referred to in this section 42 as a "committee" except where the context clearly requires otherwise 43 either by creating a new committee or assigning the functions of a safe 44 patient handling committee to an existing committee, including but not 45 limited to a safety committee or quality assurance committee, or subcom- 46 mittee thereof.

The purpose of a committee is to design and recommend 47 the process for implementing a safe patient handling program for the 48 health care facility. The committee shall include individuals with 49 expertise or experience that is relevant to safe patient handling, 50 including risk management, nursing, purchasing, or occupational safety 51 and health, and in facilities where there are employee representatives, 52 at least one shall be appointed on behalf of nurses and at least one 53 shall be appointed on behalf of direct care workers.

One half of the 54 members of the committee shall be frontline non-managerial employees who 55 provide direct care to patients. At least one non-managerial nurse and 56 one non-managerial direct care worker shall be on the safe patient S. In health care facilities where a resident council 2 is established, and where feasible, at least one member of the safe 3 patient handling committee shall be a representative from the resident 4 council.

The committee shall have two co-chairs with one from manage- 5 ment and one frontline non-managerial nurse or direct care worker. On or before January first, two thousand seventeen, each health 7 care facility, in consultation with the committee, shall establish a 8 safe patient handling program. As part of this program, a health care 9 facility shall: Implementation of the safe patient handling policy may be phased- 16 in; 17 b conduct a patient handling hazard assessment.

This assessment 18 should consider such variables as patient-handling tasks, types of nurs- 19 ing units, patient populations and the physical environment of patient 20 care areas; 21 c develop a process to identify the appropriate use of the safe 22 patient handling policy based on the patient's physical and medical 23 condition and the availability of safe patient handling equipment.

The evaluation shall determine the extent to which imple- 38 mentation of the program has resulted in a reduction in the risk of 39 injury to patients, musculoskeletal disorder claims and days of lost 40 work attributable to musculoskeletal disorders by employees caused by 41 patient handling, and include recommendations to increase the program's 42 effectiveness; 43 g when developing architectural plans for constructing or remodeling 44 a health care facility or a unit of a health care facility in which 45 patient handling and movement occurs, consider the feasibility of incor- 46 porating patient handling equipment or the physical space and 47 construction design needed to incorporate that equipment at a later 48 date; and 49 h develop a process by which employees may refuse to perform or be 50 involved in patient handling or movement that the employee reasonably 51 believes in good faith will expose a patient or health care facility 52 employee to an unacceptable risk of injury.

Such process shall require 53 that the nurse or direct care worker make a good faith effort to ensure 54 patient safety and bring the matter to the attention of the facility in 55 a timely manner. A health care facility employee who reasonably and in 56 good faith follows the process developed by the health care facility in S. The activities enumerated in section twenty-nine 5 hundred ninety-seven-k of this title shall be undertaken consistent with 6 section twenty-eight hundred five-j of this chapter by a covered health 7 care provider and shall be deemed activities of such program as 8 described in such section and any and all information attributable to 9 such activities shall be subject to provisions of section twenty-eight 10 hundred five-m of this chapter and section sixty-five hundred twenty- 11 seven of the education law.

Section of the insurance law is amended by adding a new 13 subsection j to read as follows: Subdivision 6 of section of the public health law, as 25 amended by chapter of the laws of , is amended to read as 26 follows: Paragraph a of subdivision 9 of section a of the public 33 health law, as amended by chapter of the laws of , is amended to 34 read as follows: The social services law is amended by adding a new section t 49 to read as follows: Review of criminal history information concerning prospective 51 direct care employees.

Every adult care facility shall conduct a crimi- 52 nal history record check of prospective direct care employees utilizing 53 the procedures and standards set forth in article twenty-eight-E of the 54 public health law. The public health law is amended by adding a new section e 56 to read as follows: Provision of contact information relating to long term care.

Choic- 7 es for Long Term Care, established pursuant to subdivision eight of 8 section two hundred three of the elder law, that corresponds to the 9 patient's county of residence or prospective county of residence based 10 on the preference of the patient. Section of the public health law, as amended by chapter 13 of the laws of , the section heading as separately amended by chap- 14 ter of the laws of , subdivisions 1 and 3 as amended by chapter 15 of the laws of , subdivision 2 as separately amended by chapters 16 and of the laws of , is amended to read as follows: New York state donate life registry for organ , eye and tissue 18 donations.

The department shall establish an organ , eye, and tissue 19 donor registry, which shall be called and be referred to as the "donate 20 life registry" , which shall provide a means to make and register a gift 21 of organs, eyes and tissues to take place after death pursuant to this 22 article. The commissioner may enter into a multi-year contract for the oper- 25 ation and promotion of the donate life registry subject to such terms 26 and conditions as may be contained within such contract with a not-for- 27 profit organization that has experience working with organ, eye and 28 tissue procurement organizations, has expertise in conducting organ, eye 29 and tissue donor promotional campaigns, and is affiliated with the 30 organ, eye and tissue donation community throughout the state.

New York State Assembly | Bill Search and Legislative Information

The 31 contractor may subcontract as needed for the effective performance of 32 the contract. All such subcontractors and the terms of such subcontracts 33 shall be subject to approval by the commissioner. Any applicable state 34 agency, including, but not limited to, the department, the department of 35 motor vehicles and the board of elections, shall cooperate in the 36 collection and transfer of registrant data to the donate life registry.

The duties of the contractor shall include, but not be limited to, 38 the following: Such report shall include: Would you like to be added 38 to the Donate Life Registry? Check box for 'yes' or 'skip this ques- 39 tion'. Failure to check a box shall not impair the 42 validity of an application, and failure to check "yes" or checking "skip 43 this question" shall not be construed to imply a wish not to donate. In 44 the case of an applicant under eighteen years of age, checking "yes" 45 shall not constitute consent to make an anatomical gift or registration 46 in the donate life registry.

Where an applicant has previously consented 47 to make an anatomical gift or registered in the donate life registry, 48 checking "skip this question" or failing to check a box shall not impair 49 that consent or registration. The 56 registration shall take effect upon the provision of written or elec- S. If the department had an established registry prior to the effec- 13 tive date of this section, it shall be deemed to meet the requirements 14 of this section. The registry shall provide persons enrolled the opportunity to 16 specify which organs and tissues they want to donate and if the donation 17 can be used for transplantation, research, or both.

Access shall be available to registrants to confirm the 49 accuracy and validity of their registration and to amend or revoke their 50 registration, subject to reasonable procedures to verify identity. The information contained in the 9 registry shall not be released to any person except as expressly author- 10 ized by this section, solely for the purposes so authorized. The commissioner is authorized to promulgate rules and regulations 12 necessary to implement the provisions of this section. An interagency work group, composed of the commissioner, the 14 commissioner of the department of motor vehicles, a chair of the board 15 of elections, or their designees, and such other individuals as may be 16 designated by the commissioner, shall be established to meet with the 17 contractor annually and as needed to review the status of the donate 18 life registry, to examine the steps that might be taken by state agen- 19 cies to enhance its performance and to make recommendations to the 20 contractor.

Subdivision 3 of section d of the state finance law, as added 23 by chapter of the laws of , is amended to read as follows: Monies of the fund shall be expended only for organ transplant 25 research and education projects approved by the commissioner of health, 26 or to provide grants to not-for-profit corporations in this state which 27 are incorporated for the purpose of increasing and promoting organ and 28 tissue donation awareness provided, however, beginning April first, two 29 thousand fifteen, any revenues received or any monies appropriated, 30 credited or transferred to the fund on and after May first, two thousand 31 fourteen may also be expended to support the maintenance and operation 32 of the donate life registry in accordance with the provisions of section 33 forty-three hundred ten of the public health law.

Section b of the social services law is amended by adding 35 two new subdivisions 9 and 10 to read as follows: Within ninety days from the date of receipt of such notice, 3 the department may prohibit any such transaction under this subparagraph 4 if it finds: The department shall state the specific 10 reasons for prohibiting any transaction under this subparagraph and 11 shall so notify each party to the proposed transaction. However, if the 16 transaction involves the withdrawal of the transferor from the partner- 17 ship, business corporation or limited liability company, no such trans- 18 action shall be effective unless at least ninety days prior to the 19 intended effective date thereof, the partnership, business corporation 20 or limited liability company fully completes and files with the depart- 21 ment notice of such transaction.

Fund , 44 N. Many public authorities, such as Industrial Development Agencies and the Empire State Development Corporation , can also condemn property. The New York State Public Authorities Control Board was created in to provide oversight for some of the state's most powerful authorities. There are five members on the PACB board, all of whom are appointed by the governor and serve year-long terms. Public benefit corporations and public authorities are controlled by boards of directors made up of political appointees.

Board members have fixed terms and are, at least in theory, considered to be more independent of political influence than elected politicians and appointed agency heads. Board members and employees of public authorities usually are not considered to be state employees, but are rather employees of the authority. State , 77 N. However, public authority employees are covered by the ethics regulations included in section 74 of the Public Officers Law, and the Public Authorities Accountability Act of imposed additional ethics requirements on board members of some public authorities.

Importantly, authority board members are now required to attend training sessions on ethics and governance issues. The New York State Comptroller's Office lists four types of public benefit corporations and authorities:. For a more complete list, see a list of New York State public-benefit corporations. Below are some of the authorities operating in and around the New York City metropolitan area. Fully titled the Hugh L. Carey Battery Park City Authority , according to its official website, the authority is:.

The development corporation is a subsidiary of the Empire State Development Corporation. It is New York City's official economic development corporation. It continues to exist today due to a favorable real estate lease it got. The Roosevelt Island Operating Corporation 's [15] responsibility is to develop Roosevelt Island , a small strip of land in the East River , part of the borough of Manhattan. Some of the public benefit corporations outside of New York City's metropolitan area, or serving the entire state, are listed below.

A audit [16] of the fund found problems with its management. The Dormitory Authority of the State of New York DASNY provides construction, financing, and allied services that serve the public good, to benefit specifically universities, health care facilities, and court facilities.

The Empire State Development , also known as the Urban Development Corporation, maintains various programs and subsidiaries to encourage economic development in New York State.

The Natural Heritage Trust supports natural resource conservation and historic preservation within New York State through the reception and administration of donations and grants. The trust was established in It is also involved with the development and maintenance of the New York State Canalway Trail and with the general development and promotion of the Erie Canal Corridor as both a tourist attraction and a working waterway.

The Rochester-Genesee Regional Transportation Authority consists of numerous subsidiaries, including:. The United Nations Development Corporation was designed to assist the United Nations with its real estate and development needs. Class C public authorities have local jurisdiction and very few are of significance outside of economic development within towns, villages, and small cities. Class D public authorities have interstate and international jurisdiction. This is the complete list. Some of these corporations, particularly the "authorities," are criticized as being wasteful or overly secretive.

There were more than as of according to a New York Times editorial. Some attempts at reform have been made. According to the editorial:.

New York state public-benefit corporations

The Overcoat Protection Authority actually is not the correct name of the entity in question. The correct name of the entity the Times was speaking of is the Overcoat Development Corporation, [24] which was designed to lure a clothing manufacturer to New York from Indiana in the s. Lack of oversight is a major concern with New York's authorities.

According to the Associated Press:. In , the New York State Comptroller's Office, headed at the time by Alan Hevesi , became concerned about the debt public authorities were generating:. From Wikipedia, the free encyclopedia. This article includes a list of references , but its sources remain unclear because it has insufficient inline citations. Please help to improve this article by introducing more precise citations.

December Learn how and when to remove this template message. Archived from the original PDF on Archived from the original on Retrieved December 2, The New York Times. DiNapoli - Public Authorities". Officers in the State of New York. New York State Government Departments.

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Banking Insurance Public Works. New York state public-benefit corporations. State of New York.